The opposition MDC led by advocate Nelson Chamisa has, in its bid to reverse the High Court ruling which nullified Chamisa’s presidency, added an affidavit purportedly by the late party founding father, Morgan Tsvangirai.
The appeal at the Supreme Court comes after the High Court in May this year ruled that Chamisa was not the legitimate MDC leader.
In their application for rectification of the appeal record, legal counsel, Tafadzwa Chagonda said the application was incomplete. The application read:
On May 8, this year the High Court handed a judgment against the applicants who subsequently prepared a notice of appeal making reference to earlier High Court judgement which was in favour of the applicants.
The Registrar prepared the record and the applicants were called to inspected and certified on June 19, this year. The last party inspected and certified the record on July 25, this year. Thereafter, the record was forwarded to the Registrar of the Supreme Court. On July 17, the Registrar directed the applicants to file their heads of argument.
This is when the legal counsel noticed that the certified record was incomplete. The affidavit which is critical to the resolution of the matter had been omitted.
More: The Herald